USHA SHARMA Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) Complainants/Petitioners have filed this Revision Petition against the final judgment and order dated 3.4.2007 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in appeal No. 618/07 whereby the State Commission dismissed the appeal filed by the Petitioners upholding the order passed by the District Forum.

(2.) Respondents, being served, entered appearance and filed their joint written statement. It was not disputed that a long term Janata Personal Accident policy No. 4712060502113 valid for 16.1.1997 to 15.1.2007 was issued to the deceased insured for Rs. 5 lakh. However, it was contended that as per term and condition No. 5 of the said policy of insurance all the long term Janta Personal Accident Insurance Policies were cancelled/ withdrawn as per the decision taken by the Insurance Company; that the information to this effect was widely published in the various newspapers in the first week of April, 2002; that as per the said decision of cancellation of the policy, a letter dated 28.3.2002 along with cheque for Rs. 601 dated 28.3.2002 towards the balance premium was sent to the insured by registered post and the said cheque was duly encashed by the insured as the cheque was never returned by him; that the said cheque was accepted by the deceased insured towards the unexpired/ uncovered period of policy of insurance without any protest.

(3.) Petitioners, being aggrieved, filed the appeal before the State Commission which has been dismissed by the impugned order.